Sri Anupam Bhattacharyya, President.

The instant complaint has been filed by the complainant u/s 12 of C. P. Act, 1986 praying for execution and registration of the sale deed in respect of schedule property as per agreement for sale dated 25.06.2012 on receipt of balance consideration money of Rs.25000/-.

The complainant’s case, in brief, is that the complainant paid Rs.12.75 lakhs out of total consideration money for purchasing the scheduled flat as per agreement for sale dated 25.06.2012 leaving open terrace measuring 205 sq. feet. The complainant is ready to perform his part of contract by paying balance consideration money of Rs.25000/- but the OPs have refused inspite of several requests including Advocate’s notice. Hence, the instant complaint case.

The W/V filed by the developers Op No. 3 and 4 in brief, is that they have denied the allegations of the complainant categorically. The complainant being failed to pay the balance consideration money within the stipulated period as per terms of agreement for sale dated 25.06.2012 inspite of several request the agreement has been cancelled.  Thereafter, the OP requested the complainant to take the advance price as per terms incorporated therein but the complainant refused to accept the same and for that the claim of the of the complainant has already been waived and the said deed of agreement dt. 25.06.2012 stands cancelled. The complainant has no right to get any order from the Forum and this OP always ready to perform their part but due to laches of the complainant the agreement stands cancelled. The complainant filed a Title Suit bearing No. 53/2007 T.S before the ld. Munsif , 2^nd court and also got an order of status quo over the suit  property and for that the  complainant is not entitled to get any relief as prayed for. Hence, the instant W/V.

Considering the pleadings of both parties the following points have been raised for the disposal of the case.

                                                                             Points for Decision.

1. Whether the complaint is maintainable in its present form and in Law?
2. Whether the complaint is bad for defect of parties?
3. Whether the complainant has locus standi to file the present complaint?
4. Whether the complaint is barred by law of limitation?
5. Whether the complainant is entitled to get the relief as prayed for?
6. To what other relief/reliefs the complainant is entitled to get?

                                                                          Decision with Reasons.

Point Nos. 1 to 6.

All the points are taken up together for the sake of convenience.

The case of the complainant is for execution and registration of the sale deed in respect of schedule property as per agreement for sale dated 25.06.2012 on receipt of balance consideration money of Rs.25000/-.

The complainant’s main case is that inspite of payment of consideration money of Rs.12.75 lakh out of total consideration money of Rs.13 lakhs the OPs have refused for  execution and registration of the sale deed as per agreement for sale dt. 25.6.12 even after readiness for payment of balance consideration of Rs.25,000/-.

On the other hand the case of the OP Nos.3 &4 is that they have denied the allegations of the complainant categorically. The complainant being failed to pay the balance consideration money within the stipulated period as per terms of agreement for sale dated 25.06.2012 inspite of several request, the agreement has been cancelled.  Thereafter, the OP requested the complainant to take the advance price as per terms incorporated therein but the complainant refused to accept the same and for that the claim of the of the complainant has already been waived and the said deed of agreement dt. 25.06.2012 stands cancelled. The complainant has no right to get any order from the Forum and these OPs were always ready to perform their part but due to laches of the complainant the agreement stands cancelled. The complainant filed a Title Suit bearing No. 53/2007 T.S before the ld. Munsif , 2^nd court and also got an order of status quo over the suit property and for that the  complainant is not entitled to get any relief as prayed for.

In this case the OP has not adduced any oral evidence with affidavit and /or any documentary evidence in support of OP’s case.

The OP’s case is that complainant has not paid the balance consideration money of Rs.25, 000/- out of admittedly total consideration money of Rs.13 Lakh within the stipulated period and for that the agreement has been cancelled.

This case of the OP is neither believable nor established by cogent evidence simply on the ground that admittedly complainant has already paid the almost entire consideration money of Rs.12.75 lakhs out of total consideration of Rs.13 lakhs.

Rather, the complainant has adduced evidence on affidavit along with several relevant documents including advocate’s notice demanding execution and registration of the sale deed paying the balance consideration of Rs.25,000/-.

Further, OP’s case is that OP requested complaint to take back the consideration money of Rs.12.75 lakhs but he has not received the same and for that the instant claim for refund of consideration money already paid has been waived.

The OP has not adduced any iota of evidence to that effect.

Considering the payment of almost entire consideration money of Rs.12.75 lakhs out of Rs.13 lakhs and also for absence of any other specific case of the OP against the complainant we can safely conclude that the case of waiver in respect of claim of refund of consideration money already paid has no legs to stand upon.

The instant case of the complainant is not for refund of consideration money already paid.

The instant case is only for execution and registration of sale deed of the scheduled property as per agreement for sale dt. 25.6.2012 after payment of balance consideration money of Rs.25, 000/-.

The OP’s case is that the complainant filed T.S 53/07 before the Ld. 2^nd Munsif and status quo order has been passed and for that the complainant is not entitled to get any relief.

The OP has not filed any document showing the status quo order and /or present status of that case.

It appears from the averment of the OP in his written version that the impugned T.S. was filed in the year 2007 long before the instant agreement for sale dt. 25.6.2012.

Further, the complainant has filed Xerox copy of a sale deed in between OP and other party dt. 11.7.2013. This shows that inspite of alleged status quo order transaction has been made.

For absence of any specific order of Ld. Munsif in respect of T.S. No.53/07 this forum cannot interfere anything to that effect.

Rather for absence of any such order of the Ld. Civil Court which was filed long before the instant agreement for sale we do not find any bar to pass order in this case.

Considering the entire facts and circumstances of this case we find that all the points are disposed of in favour of the complainant and as such the complainant will get relief as prayed for.

In this case, the complainant has not prayed for any compensation and also considering the facts and circumstances of this particular case, we are of view that the complainant is not entitled to get any compensation.           

Hence,

                                                                                      Ordered

that the Consumer Complaint No. 8/2015 be and the same is hereby allowed on contest against OP Nos. 3&4 and ex parte against OP Nos. 1 & 2 without any order as to cost.

The complainant is to pay the balance consideration money of Rs.25, 000/- to the OPs within seven days from the date of receipt of this order.

The complainant will get the Sale Deed of the concerned flat as per agreement for sale dt.  25.06.2012 be executed and registered by the OPs within one month after payment of balance consideration money of Rs.25, 000/- by him.

The OPs are directed to execute and register the impugned Sale Deed in favour of the complainant within one month after payment of the balance consideration money of Rs.25, 000/- by the complainant in default the OPs are to pay Rs.50/- per day’s delay as fine and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.